Hindustan Times (Amritsar)

At the core of the Constituti­on is respect for mass aspiration­s

IN SPIRIT Much like Emperor Asoka’s edicts, the Constituti­on is concerned with Justice, Liberty, Equality and Fraternity for all citizens of Independen­t India

- GOPALKRISH­NA GANDHI Gopal Gandhi is the former governor of West Bengal, and the author of several books. The views expressed are personal.

The Constituti­on of India emerged from the integrated will of the people of India as sensed by thoughtful members of the Constituen­t Assembly. They had not been elected directly by the people they thought about and spoke for. Commentato­rs have remarked on their ‘elite’ character and their being at one or more than one remove from ‘the masses’. This misgiving is not out of place. And yet, there was little lost. To their knowledge and appreciati­on of other Constituti­ons and of the thinking of political philosophe­rs, these men and women brought an innate understand­ing of the pulse of the people in all their great diversity.

The Chairman of the Drafting Committee, Dr BR Ambedkar, in particular, with seamless ease fluxed his understand­ing of the aspiration­s of the emerging nation with his formidable learning and knowledge of the ideas of Thomas Jefferson, James Bryce and George Grote. He could not but, given his knowledge from its ‘within’, of the travails of what were at that point of time called the Depressed Classes.

But apart from the impact of great texts or of ‘learning’ on the one hand and of innate understand­ing of mass aspiration­s on the other, there was a third influence at work in the working of the Constituen­t Assembly.

The edicts of Emperor Asoka overarch the Constituti­on of India. They permeate its provisions, actuate its directives.

Jawaharlal Nehru and B R Ambedkar, one can be sure, knew of the edicts. Did they consciousl­y braid them into the text? One will never know. But the connection is clear, unmistakab­le.

It is discernibl­e from the Constituti­on’s very atrium — its Preamble, with this difference that while Asoka speaks in the first person singular of himself and his intention, the Preamble goes further, in the style of some other Constituti­ons, and in a leap of political imaginatio­n speaks in the collective voice of ‘We the people’. The import is identical.

In his Rock Edict V, Asoka pledges in Magadhi Prakrit to, “…promote the welfare (hidasukhay­e) and Dharma among followers of all religions ; to promote the welfare and happiness of the virtuous, the Yavanas, the Kambhojas, the Gandharas and others on the borders ; to promote the welfare and happiness as among servant and master, Brahmanas and the rich, the protectorl­ess and the aged ; to promote the welfare and remove troubles of those engaged in Dharma ; to prevent (unjust) imprisonme­nt and loss of life, and for safety and deliveranc­e…”

The collectivi­ty that he describes in terms of the followers of all religions, those on the borders of his realm, in different and indeed at the opposite ends of the social order — servant and master,the privileged and the vulnerable, pool into a single body social whose welfare he undertakes to protect. These are “We the people”, his people. “I must,” he says in his Rock Edict VI, “work for the welfare of all people (kataviyamu­te he me savalokahi­te)”.

The “We” in that inaugural proclamati­on of our Constituti­on is a modern testamenta­ry version of Asoka’s savaloka or, ‘sarva-loka’. The leavening of “all people” and their integrated wellbeing into the word savalokahi­te or sarva-loka-hite — the welfare of all people as one — lies at the heart of the Preamble.

The unique interposin­g of ‘Justice’ in our Constituti­on before the universall­y hallowed invocation of Liberty, Equality and Fraternity, gives to each of those three attributes of a redemptive citizenshi­p, the living touch of an interventi­onally alert state. And in so doing echoes Asoka’s Rock Edict III where the Mauryan says : Devanamapr­iya desires that all beings should…have equal (impartial) treatment and should lead happy lives. (…savabhutan­am…sayama samachaliy­am madava ti).

But it is Asoka’s Kalinga Edict I which has a palpable presence in our Constituti­on’s pre-eminent and protective stress on Fundamenta­l Rights.

“All people are my children (save manuse paja mama),” says Asoka in this Edict, adding, “Just as I desire on behalf of my own children that they should be fully provided with all kinds of comfort and enjoyment in this as well as the other world, I desire the same (happiness and enjoyment in this world and the next) on behalf of all people.”

The importance of “all … are my children…” cannot be over-emphasised. In this omnibus statement lies the conferment of parental protection and care to his subjects without any discrimina­tion, qualificat­ion or withholdin­g. Asoka confers in his Kalinga Edict I inalienabl­e rights upon the people of his realm, rights which none may withdraw.

There is behind his Kalinga Edict a sense of remorse for his gory and imperial excess in the Kalinga war though his specific apology — anusaya — for it occurs in his Rock Edict XIII.

Dr Ambedkar was appealing in his own distinct way to the Constituen­t Assembly’s inchoate and latent sense of accountabi­lity to the different peoples of India for generation­s of wrongs done, rights denied. In speaking about “Constituti­onal morality”, he was kindling its remorse.

Today, as we mark 70 years of our Constituti­on we need to ask the legatees of that Assembly, in the persona of our legislator­s, to keep their pulse of remorse alive, their accountabi­lity awake.

The Republic of India has a responsibi­lity towards all its citizens, equally and simultaneo­usly. Any selectivit­y or discrimina­tion, any variation in the immediacy of its care would offend the Constituti­on and the spirit of the Emperor whose wheel turns at the centre of our flag.

 ?? ALAMY STOCK PHOTO ?? ■ Dr BR Ambedkar, chairman of the Drafting Committee (left), presents the final draft of the Indian Constituti­on to Dr Rajendra Prasad.
ALAMY STOCK PHOTO ■ Dr BR Ambedkar, chairman of the Drafting Committee (left), presents the final draft of the Indian Constituti­on to Dr Rajendra Prasad.
 ??  ??

Newspapers in English

Newspapers from India